Bill Text: NJ S4000 | 2024-2025 | Regular Session | Introduced
Bill Title: Imposes conditions on drivers approaching stationary vehicles and revises public awareness campaign.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-01-14 - Introduced in the Senate, Referred to Senate Transportation Committee [S4000 Detail]
Download: New_Jersey-2024-S4000-Introduced.html
Sponsored by:
Senator PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Imposes conditions on drivers approaching stationary vehicles and revises public awareness campaign.
CURRENT VERSION OF TEXT
As introduced.
An Act imposing conditions on drivers approaching stationary vehicles, revising the public awareness campaign, and amending P.L.2009, c.5 and P.L.2019, c.370.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2009, c.5 (C.39:4-92.2) is amended as follows:
1. a. The operator of a motor vehicle approaching a stationary [authorized emergency] vehicle as the term "vehicle" is defined in R.S.39:1-1 [that is displaying a flashing, blinking, or alternating red or blue light, or any configuration of lights containing one of these colors], shall approach the [authorized emergency] vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) make a lane change into a lane not adjacent to the [authorized emergency] vehicle if possible in the existing safety and traffic conditions; or
(2) if a lane change pursuant to paragraph (1) of subsection a. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
b. [The operator of a motor vehicle approaching a stationary tow truck as defined in section 1 of P.L.1999, c.396 (C.39:3-84.6) that is displaying a flashing amber light, a stationary highway maintenance or emergency service vehicle that is operated by the State, an authority, or a county or municipality and displaying flashing yellow, amber, or red lights, or a stationary sanitation vehicle displaying a flashing amber warning light pursuant to section 1 of P.L.2011, c.3 (C.39:3-54.27) shall approach the vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) make a lane change into a lane not adjacent to the tow truck, highway maintenance or emergency service vehicle, or sanitation vehicle if possible in the existing safety and traffic conditions; or
(2) if a lane change under paragraph (1) of subsection b. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
c. [The operator of a motor vehicle approaching a disabled vehicle that is flashing hazard warning signal lights or utilizing road flares or reflective triangles shall approach the disabled vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) make a lane change into a lane not adjacent to the disabled vehicle if possible in the existing safety and traffic conditions; or
(2) if a lane change pursuant to paragraph (1) of subsection c. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
d. A person who violates this section shall be fined not less than $100 and not more than $500.
In addition to the fine imposed pursuant to this subsection, a person convicted of three or more offenses under this section that occur within a 12-month period shall be assessed two motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
[A motor vehicle operator shall not be assessed motor vehicle penalty points unless the stationary vehicle is displaying flashing, blinking, or alternating lights or utilizing road flares or reflective triangles in accordance with this section at the time of the third or subsequent violation.]
(cf: P.L.2023, c.325, s.1)
2. Section 2 of P.L.2019, c.370 (C.39:4-92.3) is amended as follows:
2. The Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety shall establish a public awareness campaign to inform the general public concerning:
(1) the importance of motor vehicle operators reducing the speed of their vehicles and changing lanes when approaching [an authorized emergency vehicle; tow truck; or highway maintenance, emergency service, or sanitation vehicle that is displaying flashing, blinking, or alternating emergency lights or a disabled vehicle flashing hazard warning signal lights or utilizing road flares or reflective triangles] a stationary vehicle as required pursuant to section 1 of P.L.2009, c.5 (C.39:4-92.2);
(2) the risks associated with the failure of a motor vehicle operator to comply with the provisions of section 1 of P.L.2009, c.5 (C.39:4-92.2); and
(3) the penalties and fines that are imposed on a motor vehicle operator who violates section 1 of P.L.2009, c.5 (C.39:4-92.2).
(cf: P.L.2023, c.325, s.2)
3. This act shall take effect
immediately.
STATEMENT
This bill amends current law to require motor vehicle drivers to move over or reduce the speed of the motor vehicle and be prepared to stop when approaching any stationary vehicle and to do so for any stationary vehicle regardless of whether the vehicle is displaying flashing, blinking, or alternating lights; flashing hazard warning signal lights; or utilizing road flares or reflective triangles. Under the bill, "vehicle" means every device in, upon, or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or low-speed electric bicycles, low-speed electric scooters, or motorized bicycles.
Under current law, motor vehicle drivers are required to move over, or reduce the speed of their vehicles, and be prepared to stop when approaching stationary authorized emergency vehicles, tow trucks, highway maintenance or emergency service vehicles, and sanitation vehicles displaying certain lights and for disabled vehicles flashing hazard warning signal lights or utilizing road flares or reflective triangles.
This bill also requires the Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety to include all stationary vehicles in a public awareness campaign to inform the general public of the importance of reducing speed and changing lanes when approaching stationary vehicles, the risks associated with the failure to do so, and any penalties and fines that are imposed by a failure to reduce speed or change lanes.
